(영문) 서울서부지방법원 2016.10.7. 선고 2015고단3079 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

1. Defluence;

피고인은 C 벤츠 승용차를 운행하는 자로 2015. 9. 23. 12:30경 위 승용차를 운전하여 서울 마포구 D 앞 편도 6차로를 마포대교 방면에서 공덕역 방면으로 진행하던 중 피해자 E(73세)가 F 쏘렌토 차량을 운전하여 우회전하면서 자신의 진로 앞으로 들어서는 것을 보고 시비가 되어, G 등 행인들이 있는 자리에서 피해자에게 "늙은 새끼야 죽을래, 이 새끼야 운전 똑바로 해, 꼰대 새끼야, 개새끼야"라고 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

2. Injury;

The Defendant, at the same time and place as above, found that the victim was able to report to 112 mobile phones while she continued her her hyke for the foregoing victim’s vehicle operation on the ground as seen above, and caused the victim’s injury to the right hyke, which requires treatment for about seven days, by taking the victim’s hand and her hyke, to the right hyke for the victim.

[Witness E’s testimony and injury diagnosis document: (a) In the process of speaking to the effect that the Defendant 112 report the victim’s hand her hand her mobile phone to 112 and report her 's hand her hand her hand her hand her hand her hand her,’ it is recognized that the victim suffered an injury on the right her hand her hand she has sustained;

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and G;

1. A written diagnosis of injury;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 311 of the Criminal Act, Article 257(1) of the Criminal Act, and the selection of fines for negligence

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum aggregated)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Grounds for sentencing

However, the defendant's vehicle and the victim's vehicle, who just entered three-lanes in the course of entering the runway bypassing from the runways to the five-lanes, are obvious that the collision between the defendant and the victim was caused by the crime of this case, and the motive is considered as the defendant's vehicle caused by the crime of insult. Furthermore, the defendant's error in the crime of insult is relatively minor, the degree of injury suffered by the victim is relatively minor, and the defendant's age, character and conduct, environment, circumstances after the crime, etc. are considered.